The creation of a coherent EU Arctic policy has brought the protection and inclusion of indigenous peoples to the fore. In the 8 December 2009 conclusions of the Foreign Affairs Council, ministers encouraged a dialogue with indigenous leaders, so that the peoples in the Arctic could continue to live in a self-determined and sustainable manner. In recent years, it has become clear that indigenous populations will face difficult challenges as the Arctic becomes more exposed to the commercial interests of countries and companies.

Arctic activities, particularly the harvesting of natural resources, have been a major source of economic growth. Due to the region’s isolation, most sites lack any initial infrastructure, and businesses have to build the roads and pipelines needed to sustain a large labour force. These activities are precarious, however, and tying the economic supply to one source has seen some towns suffer, particularly in the recent financial crisis. The indigenous population is also not large enough to support the labour demands of some of the projects companies wish to undertake. Thus imported labour increases the number of non-indigenous peoples and marginalises the original inhabitants.

Inuit rights are broadly protected by the International Covenant on Civil and Political Rights, ratified by all Arctic states, and more specifically by International Labour Convention No. 169. The latter was established in 1989, but has only been ratified by Denmark and Norway. However, Arctic indigenous peoples in the EU do have protection from special provisions in European legislation, enacted under Protocol 3 to the Act of Accession of Sweden and Finland. But respect for these rights is often difficult to enforce.

Companies do conduct social impact assessments (SIAs), which are designed to receive input from local populations and mitigate negative consequences. But SIAs have been criticised for poor practices by recent studies. Effective participation is also a concern.

Indigenous peoples also face challenges from governments. At the recent meeting of the Inuit Circumpolar Council (ICC), European officials faced heavy criticism over the banning of seal imports. The ICC and several other Inuit leaders have filed a lawsuit against the EU at the European Court of Justice and the issue has been raised at the WTO by the Canadian government. Inuit leaders also expressed outrage, along with several members of the Arctic Council, for not being included in the recent meeting of the ‘coastal five’ (Canada, the US, Russia, Norway and Denmark).

Iceland’s accession, now a priority for the EU, will likely add further emphasis to the need to respect indigenous populations as it was one of its priorities when it chaired the Arctic Council from 2002-2004. Although politically sensitive and by no means imminent, the EU’s accession to the Arctic Council as a permanent member would be an important step in promoting indigenous populations’ interests, especially in light of the coastal five’s recent actions.